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HomeMy WebLinkAbout04-16-1990 PC MinutesPLANNING COMMISSION MINUTES City of Orange April 16, 1990 Orange, California Monday - 7:00 p.m. PRESENT: Commissioners Bosch, Greek, Hart, Master, Scott ABSENT: None STAFF PRESENT: John Godlewski, Administrator of Current Planning; Jack McGee, Director of Community Development; Bob Herrick, Assistant City Attorney; Gary Johnson, City Engineer; and Sue Devlin, Recording Secretary PLEDGE OF ALLEGIANCE IN RE: MINUTES OF APRIL 2, 1990 Moved by Commissioner Master, seconded by Commissioner Bosch, that the Minutes of April 2, 1990 be approved as recorded. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED IN RE: CONTINUED HEARINGS CONDITIONAL USE PERMIT 1819-90 - SOUTHERN CALIFORNIA EDISON COMPANY/VILLAGE NURSERIES: A proposed Conditional Use Permit application to allow the construction of a 6,720 square foot office building and a 3,200 square f oot maintenance building in the M-1 zone, on property located on the south side of Taft Avenue, approximately 900 feet east of Tustin Street, adjacent to and west of the Newport Freeway. NOTE: Negative Declaration 1334-90 has been prepared for this project. This item was continued from the March 19, 1990 Planning Commission Meeting.) Mr. Godlewski stated this item was continued to a study session in order to hear from representatives of Southern California Edison on the potential effect of electromagnetic fields from the Edison power lines. Commissioner Master said studies are still being conducted and he f eels they are inconclusive. He referred to some material from Southern California Edison, dated March 23, 1990. He read the third paragraph on Page 1 and felt there was conflicting conclusions. He stressed the term prudent Planning Commission Minutes April 16, 1990 - Page 2 Chairman Hart recapped the issues discussed at the study session. Commissioner Greek's concern was with the overall usage of the Edison right-of-way for various types of temporary uses. Village Nurseries already operates a retail nursery outlet on the west side of Tustin. He feels that this a larger issue than the application being considered. He feels the Commission should review all usages under Edison's right-of-way throughout the entire City and remove any buildings that are there illegally. He would like to hear from Edison as to what their position is. Pat Buttress, Southern California Edison Company, 531 East Chapman Avenue, read a portion of the license agreement Item 26, Page 7) regarding Governing Law. An applicant must conform to the local laws. Southern California Edison does not involve themselves in that process. Chairman Hart wanted to address this particular item rather than the other illegal issues throughout the City. Commissioner Greek felt this use was extremely intense and if the applicant is already over burdening the use that he has on the west side of Tustin, why will he follow the plan submitted for this application? The major problem are the driveways and access. He's not sure the use is benefitting the City. Commissioner Bosch takes exception with the thought that it is a temporary usage. He agrees with Commissioner Greek that it's some thing they would like to see in terms of the basic agricultural use as an upgrade from the bare earth as a permanent use. In many cases, it turns out to be a permanent use, except that people come in and ask for temporary improvements and temporary offices for a permanent usage under the guise that they're involved in some other zone. Maybe, that holds a little bit more water once the concerns are resolved immediately adjacent to the street and temporary usage" is in the R-1 zone. He has a difficult time accepting a temporary office use merely because one has a lease. He does not like to refer to modular buildings as temporary buildings. Ms. Buttress clarified that Southern California Edison only does a license, not a lease. Anything on their property has to be considered temporary. It has to be removable because if they should need that land, the lessee must clear the property. Commissioner Bosch said there was a catch 22 as to what is temporary for the utility company to provide safety and service, and on the other hand what the community sees as temporary vs. permanent use. Planning Commission Minutes April 16, 1990 - Page 3 Commissioner Master had a problem with the mitigating measures on Page 2. He read that statement regarding the signs that are to be posted at the entrance of the property. The statement is accurate, but as a mitigating measure it does not make sense. Currently there is no definable mitigation measure for the risk since the risk isn't defined. By placing it as a mitigation measure, the City may be setting some liability that is inappropriate. Mr. Godlewski suggested if the Commission liked the idea of the sign, perhaps it belongs in the list of standard conditions rather than in the Negative Declaration. The Commission could make a statement in their motion for the Negative Declaration that this measure be deleted because it is not a mitigation me asure. Moved by Commissioner Master, seconded by Commissioner Bosch, that the Planning Commission accepts the findings of the Environmental Review Board and finds that Negative Declaration 1334-90 was completed in compliance with CEQA, except the mitigation measure, which is to be deleted. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED Commissioner Bosch reiterated there should not be any relaxation of the standards to the level of "temporary" for site development standards on what's intended to be a permanent use, but the City shouldn't go under those temporary standards. This piece of land is rather sizable and it differs from the rights-of-way running through other residential parts of the City in terms of potential use impact. He had a problem with the definition of temporary improvements. Commissioner Greek still had a problem in that he was tying it into the same owner of the land, the same developer of the property and their operation across the street, which is in violation. He prefers they bring their existing operation up to code prior to asking for a new operation. Commissioner Bosch asked staff if they could impose a condition that requires conformance to codes on their adjacent property or adjacent uses prior to receiving building permits on this application. Mr. Herrick stated conditions can't be imposed relative to remote circumstances". From what he has heard, he doesn't consider this to be a remote circumstance. They are related uses on contiguous parcels, with the exception of the street. Planning Commission Minutes April 16, 1990 - Page 4 Commissioner Greek said the agricultural use is fine, but the office building is questionable. What's the limit for proper utilization of this right-of-way? It's zoned M-1, but it does not fit the M-1 code. Mr. Godlewski said if there was a problem with the piece of property that's not a part of the application, code enforcement could respond and enforce the codes as they currently exist.Or, if the Commission wishes to put a condition on the staff report,staff could handle it that way. It would be better to keep the issues separate. Housing is not an allowable use in the M-1 zone. Commissioner Scott concurred with Commissioner Greek's concern, but there are so many violations from one end of town to the other under different leases -- all of them are in violation. It should be looked at on a case-by-case basis. Commissioner Greek would like a minute order requesting the code enforcement staff to review the uses of the Edison right-of-way throughout the City -- proper permits, parking, entrances, lighting -- to make sure all the required standards are being used for temporary uses. Moved by Commissioner Scott, seconded by Commissioner Bosch, that the Planning Commission approve Conditional Use Permit 1819-90 subject to the 23 conditions listed in the staff report. The site improvements will be to permanent standards and it would be reviewed every two years. All TSIP fees are appropriate for this use and are to be charged Condition 6). Condition 24 is added to reflect hours of operation from 7:00 a.m. to 7:00 p.m. AYES: Commissioner Scott NOES: Commissioners Bosch, Greek, Hart, Master MOTION DENIED DISCUSSION Commissioner Master commented it looks like the beginning of a trend to bring in uses other than agricultural. He still advocates the prudence avoidance position. Commissioner Greek has very serious concerns about the utilization of the Edison right-of-way. He's not sure what the limit should be, but feels they should go slow on allowing any kind of utilization of the right-of-way other than agricultural type uses. Commissioner Bosch keeps looking at the floor plan as he was not familiar with it. He feels the City is too loose on the Planning Commission Minutes April 16, 1990 - Page 5 M-1 zone. He questions the best utilization of the M-1 land in combination with the utility manufacturing function vs. agricultural. Chairman Hart sees a danger in presuming this use remains agricultural. What if the agricultural use is replaced with an office building? It could be used for most anything. Commissioner Scott referred to condition 7 -- it's a wholesale business, not retail. Moved by Commissioner Greek, seconded by Commissioner Bosch, that the Planning Commission deny Conditional Use Permit 1819-90 for the reason the use proposed is not the proper use for the Edison right-of-way. AYES: Commissioners Bosch, Greek, Hart, Master NOES: Commissioner Scott MOTION APPROVED Commissioner Bosch wanted to discuss the motion because it was rather difficult. The Commission needs to help gel what's going on. First of all, there is a combination use that is very unusual. It's not what might happen in the office complex over time, but despite having temporary improvements or more permanent improvements of parking lots, you still have heavy agricultural uses, trucks and traffic, etc. that is not related to the office, but to the other use which still causes problems to occur on the site and may be incompatible with that office use. Also, in the specific location, the intensification of the basic utility use with agriculture was ok, but the office in addition to that is not ok in the M-1 zone. It's detrimental to the neighborhood in that regard. In this site, M-1 zoning is spot zoning relative to the sub-station. Commissioner Master commented it might appear the Commission is inconsistent in their decisions, but they are learning a lot. Commissioner Greek didn't believe so. The agricultural use isn't as intense or as prolonged as an office use. His concern was with the ultimate utilization of the Edison r igh t-of-way . MINUTE ORDER Commissioner Greek would like to see a list of standards and a list of uses for the Edison right-of-way. Along with it, he would like for Ms. Buttress to tell the Commission what uses their company would like to have. Then, have Mr. Johnson tell them what standards are reasonable as to driveway widths, trucking loads, etc. There's a set of standards that should be looked at to establish some type of zoning that allows usage with a permit. Planning Commission Minutes April 16, 1990 - Page 6 Commissioner Scott said there was temporary offices on the existing right-of-way now that are exposed. The existing uses should be followed up by Code Enforcement. Commissioner Greek said standards need to be established in the City as to what will be allowed. Ms. Buttress clarified that if one of their licensees leaves their property, he must return that property to the state it was in when they licensed it from Edison. They cannot leave a building on the property. They must remove it. She will be happy to sit down with staff to get this issue resolved. IN RE: NEW HEARINGS GENERAL PLAN AMENDMENT 1-90 AND ZONE CHANGE 1122-90 - FRANK GONZALES: A request to reclassify property located at 145 South Cypress Street, from the R-2 zone (Residential Duplex District) to the C-2 zone (General Commercial), and to change the General Plan land use designation from Residential Low/Medium to Old Towne-Mixed Use. Staff has additionally recommended that the Commission consider an identical General Plan Amendment for an adjacent property located at 153 South Cypress Street. Both properties are under the same ownership and are located on the east side of Cypress Street, approximately 200 feet south of Chapman Avenue. NOTE: Negative Declaration 1333-90 has been prepared for this project. As staff has received a number of comments on this proposal and there was opposition, Mr. Carnes presented the staff report. The site is presently developed with a residential structure and is presently used for a single family residence. The applicant, at this time, has no specific plans for the conversion of the site to an office use, bu t has included with the submittal a potential site plan showing that the site could be developed within code by converting the residence to a commercial office use. Parking could be provided to the rear of the house. If the Commission approves this site, either the residence could be converted or the residence could be torn down and the site developed independently or as part of three other properties owned by the applicant, developed into a commercial site. The property is in the Old Towne District and will be required to conform to the demolition ordinance requirements and Old Towne Design Guidelines. The Design Review Board will also review any potential redevelopment of the site. Planning Commission Minutes April 16, 1990 - Page 7 The public hearing was opened. Applicant Frank Gonzales, 1336 East Chapman, is an architect and owns the two parcels on Lemon Street. He also has a present structure adjacent to this property, which is zoned C-2. His drafting organization is in that office. He is hoping to make the whole parcel a commercial piece because he has been using his operation in three of the buildings and hopes to use the fourth one. He wishes to set up a blue print machine in the garage of this present structure. The property on Cypress is zoned C-2; it's a finger going into the parcel. He wants to join the two parcels to use both of them. The house is rented to one of his draftsmen and he does not object to use of the garage, but a zone change is needed. Those speaking in opposition Jim Owens, 163 South Cypress, said Mr. Gonzales is a very neighbor and friend of theirs. The basic problem is that they have an old house of historical value, which they have been restoring to it's original state. It's called the Parker House". Their concern is not with Mr. Gonzales, but if Mr. Gonzales were to move, what would happen if the new owners built the parcel to 10 or 12 units? It could depress the value of their investment, increase traffic and other elements. There's mixed zoning and he hates to see it go down and be depressed further. Dan Slater, 278 North Pine, represented Old Towne Preservation Association and also spoke for himself. They recommend against the zone change because of a need to protect the National Register historic eligible building. They are also against spot zoning. The timing is wrong because there is a study underway to pull together the Santa Fe Depot area and the Cypress Street neighborhood environs. They would favor a zoning change which would serve as a buffer between residential and industrial -- perhaps Office-Professional. He does feel the Old Towne Mixed Use is appropriate for Cypress Street. He would like to clean up the zoning problems in Old Towne and not perpetuate them or make them worse. Rebuttal Mr. Gonzales said the restrictions of what he can do on his property is already being set up by the Planning Department and the historical group. He would not develop something that was not allowed. It would be a detriment to his neighbors. He doesn't see where the change of zoning would make him change anything that he couldn't do already. Planning Commission Minutes April 16, 1990 - Page 8 The public hearing was closed. Moved by Commissioner Bosch, seconded by Commissioner Greek, that the Planning Commission finds that Negative Declaration 1333-90 has been prepared in conformance with the requirements of CEQA per the Environmental Review Board action. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED Commissioner Bosch stated this was tough. It has gone through a number of changes. Zoning has to change some place; it's a question of where that line is appropriate. Some years ago the City Council determined a line was appropriate except for a single lot that had an on-going use at the time. That was to be the one exception. Now, with all due respect to the applicant and his desire to preserve the residences as they are with minor changes, the next property owner could do what they wanted within the allowances of the zone applied to this property. He feels this would be a detriment to a good mix between a variety of uses in Old Towne. Moved by Commissioner Bosch, seconded by Commissioner Master, that the Planning Commission recommend the City Council deny General Plan Amendment 1-90 and Zone Change 1122-90 as being inconsistent with previous planning actions and inconsistent with the adjacent existing uses on the street. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED Commissioner Greek commented at the time the zoning was changed, they were the property owners of the parcel. At that time they were in escrow when the City Council was changing the rest of the property from C-2 to R-2. In order to complete their sale, Blackie Taylor was going to put in his music store so the C-2 zoning had to be utilized. Consequently, they requested the Council retain the zoning. It isn't good planning to have one C-2 lot in the middle of the area and it's a mistake to leave it as C-2. Commissioner Bosch said the use Mr. Gonzales intends for it is not inappropriate. It's more of an 0-P type use. This is the inappropriate vehicle for getting there -- that's the problem. He would like to see the adaptive re-use of the existing residential structures within the guidelines of the zoning and Old Towne designation, but the problem is the zone itself. Planning Commission Minutes April 16, 1990 - Page 9 Commissioner Scott thought Council was trying to take steps to remove the C-2 zoning from the Old Towne area because of the Muffler Shop, etc. He concurs the 0-P zone might possibly be the zoning in there. Commissioner Bosch encouraged the staff to work with the applicant to find some other vehicle for solving the applicant's desire without diminishing the quality of the planning in that area. IN RE: NEW HEARINGS CONDITIONAL USE PERMIT 1835-90 - ROBERT B. KICHLER: A proposed Conditional Use Permit to allow two auto related uses in the C-1 zone adjacent to residentially zoned property located on the east side of Tustin Street between Chapman Avenue and Palm Avenue, addressed 233-269 North Tustin Street. NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines, Section 15301. Mr. Godlewski said a number of comments have been received and three letters of protest were given to the Commission for their review, as well as a petition that was signed by tenants of an apartment complex. The applicant is proposing two separate tenants for this multi-tenant commercial center. The first would be the car stereo store and associated installation with that use. The car stereo use would be at the south end of the development, which has parking in the front and a single row of parking in the rear. The rear of the building is bordered by an apartment complex with a 6 foot wall along the east property line and about half of that property line is a garage structure that is something in the neighborhood of 12 feet in height. The auto related use is at the southern end of the building where there is only a block wall that is not shielded with the additional height of the garage structure. The other use is an auto glass installation facility. That will be located at the northern end of the commercial complex. It is located in a similar manner. It is located northerly of the adjacent garage structure on the apartment complex. The Council, in 1988, approved an amendment to the C-1 zone that allows auto-related uses, when they are in the C-1 zone, adjacent to residentially used property with the permission of a Conditional Use Permit. The public hearing was opened. Planning Commission Minutes April 16, 1990 - Page 10 Applicant Bob Kichler, c/o Daum, 1920 Main Street #100, Irvine, agrees with the staff report and understands the concerns of the neighbors. He emphasized that the two uses involved are confined within the building, the uses are approximately 100 feet to the nearest residential use and are separated by a 6 to 10 foot wall. The garage structure is there, which will additionally shield the potential noise, which he understands to be the primary concern from the tenants. A number of restrictions have been placed on the tenants, such as limiting the number of vehicles which can be serviced. This will not be an intensely automotive retail center. Since submitting his application, he has signed a lease for approximately 2400 square feet with a leather furniture store. They had no problem being next to a stereo installation f acility. Staff has also recommended restricting the hours of operation. They have met with the tenants and find that restriction is acceptable. The property is professionally managed and they will make sure the tenants comply with staff's findings. They have no intention of being bad neighbors. The uses are quiet. The auto glass installation involves popping off a windshield and replacing it. The concern is coming from the stereo installation use and the potential for noise. Commissioner Greek requested the address of the existing installation use. He is familiar with Leo Stereo and all the problems associated with it. Mr. Kichler said the one store was in Covina, but he did not know the address. Commissioner Greek said the problem was not with the number of cars being worked on, but the fact that the installers turn up the volume as loud as possible while working on the cars. It's in a bad location for this particular use. Chairman Hart said their problem was enforcing the restrictions once the application is approved. Those speaking in opposition John Aust, 1429 East Lomita, said his primary concern is that too often in auto-related businesses they end up with cars in various stages of disrepair, which in turn are parked indiscriminately in their parking lots or adjacent streets. This leads to deterioration of the neighborhood. It tends to be an eyesore and detrimental to the area in general. Planning Commission Minutes April 16, 1990 - Page 11 Rebuttal Mr. Kichler agreed with the opposition. The tenants involved plan on keeping a mobile van (a service van which goes to homes) that might be parked in the evenings in front or behind the center. Both operations are an hour or two at the most. The use itself is short-term in nature. The public hearing was closed. Commissioner Scott observed the Conditional Use Permit was submitted for two uses -- the auto glass and the stereo. It seems there is no opposition to the auto glass as it is against the stereo. Chairman Hart asked if it were possible to separate the two uses on the same application. Mr. Godlewski said the Commission could approve any portion of the application or the whole thing. Moved by Commissioner Scott, seconded by Commissioner Bosch, that the Planning Commission approves Conditional Use Permit 1835-90 for the auto glass facility, but deleted any reference to the auto stereo store, subject to the 10 conditions as listed. The auto stereo store was excluded because the Commission felt it's proximity to the residential zone, the exact nature of the exposure of the proposed space for that utilization relative to a low wall rather than a garage structure separation that counts for that use isn't 100 feet to the residential structure -- it's the 52 feet to the property line, which would impose on the right of the adjacent property owner to redevelop their property as they see fit, and it would also create a potential inappropriate noise condition for surrounding commercial use, including that immediately to the south. Whereas, the auto glass related use appears to have no negative impact relative to the conditions of review. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED IN RE: NEW HEARINGS ORDINANCE AMENDMENT 3-90 - CITY OF ORANGE A proposed amendment to the Orange Municipal Code adding standards for the placement and construction of cellular phone antennas. NOTE: Negative Declaration 1337-90 has been prepared for this project. Planning Commission Minutes April 16, 1990 - Page 12 Mr. Godlewski pointed out to the Commission there is a number of ways that the staff report addresses the height of the structures of antennas. The height of the antennas should not exceed 65 feet and that should be consistent throughout and in keeping with the proposed ordinance. Commissioner Scott drove by the site a couple of days ago. Didn't the Commission recommend action for the cellular phone installation at Midas to be removed? He thought they asked for it to be abated because they did not have permits and yet it is still there. Mr. Godlewski recalled there was a directive from the Commission to have the antenna removed and abated as a nuisance. Staff will see that it is completed. Commissioner Bosch had a few problems with the proposed ordinance as written, other than not exceeding 65 feet. This is still allowing the antennas subject to Zoning Administrator approval of a variance within 100 feet of a residential zone. He wondered why they are considering that there are circumstances where they might allow these within 100 feet of a residentially zoned property up to 65 feet in height when they see the extent of commercial/industrial land that staff has illustrated on the wall, which is available for cellular usage. He thought they were opening it up for the fine imagination that goes beyond constructing variance requests when they don't appear to be either necessary for the use that is proposed given the range and number they might have and proximity to major usage areas, and the problems seen with these when they've been close to residential properties. He spoke towards removing the concept of allowing it within 100 feet of a residentially zoned property in any case. The other problem is needing a greater clarity of definition for allowing the installation on the existing buildings. He presumed it also meant new buildings. There is no review mechanism indicated for this other than where a variance is requested. Commissioner Scott thought staff told the Commission they were getting pre-empted on this by the State on the placement of these. Commissioner Bosch said on Page 1 of the staff report it indicates that where the Commission doesn't agree with the applicant, they can appeal the decision to the P.U.C. It appears the P.U.C. may be now self-proclaimed to supercede the land use jurisdiction of cities. Chairman Hart suggested staff make these changes to the proposed ordinance and bring it back to the Commission at a later date. Planning Commission Minutes April 16, 1990 - Page 13 Moved by Commissioner Bosch, seconded by Commissioner Greek, that the Planning Commission continue Ordinance Amendment 3-90 to their meeting of May 7, 1990 to allow staff to respond to the Commission's concerns. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED IN RE: ADJOURNMENT Moved by Commissioner Master, seconded by Commissioner Greek, that the Planning Commission adjourn to April 30, 1990 at 5:00 p.m. for a study session on the landscaping ordinance; to Wednesday, May 2, 1990 to tour East Orange from 9:30 a.m. to 1:00 p.m.; to May 16, 1990 for a joint City Council/Planning Commission meeting from 9:00 a.m. to 11:00 a.m. regarding East Orange. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED Discussion abou t the landscaping ordinance study session prompted the Commission to ask for copies of other landscaping ordinances from surrounding cities. It was suggested Mr. Godlewski meet with the Community Services Director and explain in detail what the Commission was looking for. Moved by Commissioner Master, seconded by Commissioner Greek, that the Planning Commission cancel the April 30, 1990 study session meeting regarding the landscaping ordinance. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED The meeting adjourned at 8:45 p.m. sl d